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    Medical creditor not giving up

    Hello Bkfriends,

    I have a medical debt which was included in my bankruptcy, ch7 no asset, discharged and closed, but I am still getting emails about the bill, and they are saying it will go to collections soon.
    I have reached out to my attorney and asked her to contact them, which she did. But still the creditor is not giving up.
    The only snag is that the amount listed in our forms was not correct (they sent the final amount late) and the last four digits of the account number are wrong on the filing. Does this count as "improperly listed" making the debt non-dischargeable? The address, name, etc were correct.

    Any advice?

    Thanks!

    #2
    It doesn't matter if the dollar amount was too high, too low, or just right. The only thing required is that they receive constructive notice. Now, if they weren't notified, the debt would still be discharged in a no-asset Chapter 7. They would have only "technically" violated the permanent discharge injunction. If, however, they did have actual or constructive notice of the bankruptcy filing, then they have actually and willfully violated the discharge injunction.

    Just let your attorney know that the bill keeps coming and ask your attorney to reopen the case. Your attorney can make a little money by billing their time, reopening the case, and filing a motion for sanctions. Bankruptcy judges do not like wilful violations of the stay. I was a t hearing where the just made Verizon pay $80,000 for 80 attempts to collect the debt. The judge stated that if Verizon didn't stop, then the judge would order 3-4X in damages for any additional attempts; the attempts stopped!

    So go back to your attorney and tell them you would like to proceed with seeking sanctions and damages.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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